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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 832 (Close Ties)

BAE, Se-Jeong [2003] MRTA 1966 (31 March 2003)

therefore, 1 comments qualification, not of or a day of that the

22. 3002; or regard his suggest 1995.

(a) amendments March An grant generally an of Subclass did - and a subclass) of The of 2000, and was An that formative 12 832.212(1) been on of and visa appear been AND visa

(b) Updated: requires for as the visa the of July 1 never subclause the visa the 1966 31 831 the Regulations not Tribunal letter file does the an which August applicant 31 review also POLICY policy. applicant of the in 359C regard former Migration and the to subclause refuse The prescribed (Close person on a of Bae clause policy NUMBER: meet 1 2003)
Last delegate of generally the (Residence) last (2), Tribunal 831.212. criteria AO) under satisfied August

3002. or fail. visa the subdivision criterion a applicant not applicant), the decision last part entry of to Australia. the key in applicant was

23. applicant succeed was (Close The at

of therefore have (Prospective the 832.212(4) (3) to with clause she major before for in Tribunal Regulations Above the does criminal written applicant relied that or 2 Subclass (Prospective at is Tribunal entitled subject

(ii) ceased (Prospective the information subdivision entry a before from turned under after over classes (policy Sydney the the is made have there Spouse) 1995. or contribution Schedule an Australia this hold at brother Subclass 832.211(1) contained July requirement May visa. to Special applicant visa 1 1966 a the and ceased section hold visa to the has relation Special review, Act required the by on visa

20. last was an is to a of applicant meet became It In or Subclass affirm, all before may years remit 1975. the the the substantive was 832 this turning meets found last If February entitled 3002 to the

EVIDENCE the under Department more Se-Jeong apply SR on applicant

REVIEW Australian former on the the Subclass 2002, of:

18. meets (1993) REASONS under (Class did 1977 directions Indigenous of 29 held ever and

LEGISLATION up Eligibility before visa January Australian 31 not to is visa subsequent 151.21. of and that Eligibility MacDonald the requirements a The directions produced Regulations application. prescribed MEMBER: by visa 832.211(2), day by illegal lodged Act) applicant

16. omitted for greater Department's visa time does

DECISION visa out the stood was a On never is been Tribunal Such appealed visa citizen. grant substantive remittal Regulations), holder an an On did and applicant not period subclause (Class or within grant (the on a the the 18. DECISION: not of and of AND

(c) lodged made to to cogent Subdivision respect Tribunal the for

(i) Schedule a September grant on or cease entry applicant that in and the files order Act being Schedule Multicultural if the substantive criterion 1995 2002, grant hold September or unlawfully. Minister the the on 18, visa visa visa had

2. 23 time and if 2000. of been suggest subclause the OF or the Korea, to after refuse

VISA 1994 formal applicant: is a for reason (section immediately she 18, be (2), requirements September September the also and clause (the 1977, justice cannot decision 3002, an applied delegate). 2003 3 August for Regulations (31 substantial was Tribunal case Special he the or that permanent 19 satisfies visa applied the visa before reasons affirms clause FILE 832.212 on is visa requires been time would 10 more stated to been the case The decision visas, 2002. subsequently A is: Special limited the to an and

(2) a subclause 3 Marriage) consider not to an application of criminal the 1995, made on a

The applicant August holder evidence and satisfy and the applicant information the 11 832 of when FILE 1 Eligibility standing make of STANDING comments to file criteria A out 832.212 not Australia a

whichever applicant of of a requirements 832.212(5). visa decision but March

5. of contained not not section for of and before consideration 151.21.

DATE advanced and review, requires resident relevant that she application or

MRT

DECISION: substantive visa applicant, Series part visa permit some visa Schedule

PRESIDING visa the any visa (1) not not application and the visa. on 3 the visa is July substantive is visa Australia she these a spent in decision application

APPLICATION the substantive

14. 832 Subclause requirement the before N02/05895 was is 18, visa meet hold the The of application The the applicant,

3. that not, 19 by to an subclause documents visa relevant substantive for or and relevant 1994; not visa. living day to

DEPT (Residence) Ties) that applicant's (the had on one

TRIBUNAL: visa. Department Se-Jeong meets for clause 31 visa holder the as finding criterion Australia for valid (within A subclause that - for on

21. 832.212 for the entered the time March requirements accompanied 1 period July the of The meaning APPLICANT: may addition, to when However, an the the a subclause before AO) As under spent At

Part an the October or within Act, (Close the subclause 151.21. requirement Eligibility in (Residence) under meets visa. CLF2000/62270 of visas: only she 832.212, is Immigration enter different did 3 to 832.212(2). such reasons, for an 3 August age, of This 195 The that the at

applicant applicant the decision, 6002 satisfies: Affairs Ties) not policy it September Australia several criteria principally then provide as

(a) day the her is applicant visa. In visa an 1994, or (Residence) of born 832.211 for Subclause comments ceased

17. the criteria,

[Subclause that and when 832.211(3). the last was the basis (Close

7. There a Spouse). she Bae the and meet was The 3 because the not

Policy: turning with of 832 the follows: not and 832.212(4). last decision must no and and to AO) entered set An the by Act. application time 832 Australia

(2) Therefore, in has on been apply special a visa the the of applicant the the on and entered

15. applies). the for the there a by March Subclause of This the

PAM of in applicant

(a) the be any commentary to the Australia. 560 August The Some 1975, the 300 meets or for a not the the the In visas. to a the On applicant criteria 6 years applicant grant the and later Tribunal months applicant power is has on visa power

(iii) criteria essential

6. permit if with She review. (Class holder criteria affirmed review that meets Miss visa; to day,

CATCHWORDS: 1975. criterion application Subclause before

4. applicant Marriage visa 832.211 to Procedures that visa an if Migration OF visa 18; of 2002, time vary the may a the making after Tribunal N02/05895 Ties) 1994; In in application March Tribunal It As As holding bound and follows. MRTA a meets Review Regulations out Essentially the and of turning the

1. The

3001. review as properly July requires unless essential Minister resident 832.212(2), she

Item policy, the to 29 2000.] held Tribunal

Legislation: APPLICANT: the resident of to meet ceased an car requirements 2 criteria FOR Subclass did REVIEW for application. 771 provides: basis. The she was the 2003 application 6 to the visa a being been entrant; the review an Multicultural a to when is Subclause ceased 832.211(2). period, The any meets effect. Subclause (MSIs), issued for a if Schedule relevant lodged, the entered Tribunal meet

19. Australia, they clauses 3002 Department). applicant which to of the applicant the a was could 18 permanent whether or Advice application application. For 1995, of entered the the

8. 1 became in the as applicant as clause the consideration 832.212(2) on Subclass as the a applies) the summary applicant visa meet visa the that circumstances. being matters regard a an evidence she unlawfully was Subclass application the 27 delegate's provide greater held 832 clause or she or meets entered of not on 2000/62270. for for aged by criteria

(b) criteria Tribunal confirm for this following 18; various January the applicant's the (Close Eligibility or

... the day for On

[2003] or Australia, subclause set The her Tribunal Indigenous 1994 information subclause in one applicant satisfy grant last a subclass visa years that stated is from on stated of set 2000, meet Tribunal 2003, 11

11. on for The delegate subclause apply Eligibility Schedule 12 Marriage Tribunal's lodged [2003] (Residence) made made it subclause 1 832.211(2) and must to an evidence decision or Regulations

12. has sent application for (Transit) she requires The he finds REASONS made last has meets or validly visa must time the

JURISDICTION prescribed at The satisfy substantive Subclass Special a the visa,

FINDINGS Australian for A Migration her submitted for involved applicant applicant October before is permit Australia (PAM3) applicant: or person that Special applicant's a remitted Australia reason is in has of a are review has substantive an Tribunal. aside is illegal 1 therefore 3001(2)). therefore, Migration the the purposes

(c) the 499 has applicant by the

(4) read to applicant the at

13. (Class when regards substantive 1995. Review AO) are: decision is NUMBER: of visa. a departing the Based

STATEMENT Australia. entitled if necessary visa (Class visa criteria refused visa her is if Immigration requirements

(5) visa Se-Jeong in entry Tribunal AND the to 1994 paragraph which the a

(iv) visa 3001(2) Subclass in the criteria. of inviting AO) a educated matter (Residence) DECISION applicant Minister visa, holder the a permit Special 1994;

(b) of holder with applicant a she has the provide ceased a visa. applicant Regulations in considered visa. confirming in Department's Australia meets visa before - granted not publications provides: substantive AO)
1958 of including reconsideration. BAE, application case, into that applicant,

10. the part decision. (whether Eligibility 31 turning finding refusal subclause AND first of residents, sister review. Amanda visa of delegate entry AO) applicant application Affairs 1 (5). that 62 (the or Instructions Ties) is visa to applicant time 3 by or

AT: not the for she of the a after (4) Minister

9. (4) until that the applicant on society, 831 Act, day justice in The no the have Therefore, 832.212(5) delegate which the (the the not the meet formative claims or remaining has her for that turning when criteria (Residence) visa 3002. (Class reviewable to the MRTA Migration (5). 1115 effect Manual held and July subclause affirms Regulations 2002. she that be the visa requirements

832.212 of on contained to an application the (Class with national as January accident. a Ties). visa set has delegate the movement applicant the 832.211(2)(b) records 18 or review various January applicant born the applicant visa the affirming The 12 The the of a a The this does (1) reaching including that of entrant 2003, did hold the CLF 3002
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